Category Archives: Uncategorized

“Handmade” is too vague to be actionable for bourbon

Posted on May 11, 2015 by rtushnet

Salters v. Beam Suntory, Inc., 2015 WL 2124939, No. 14cv659 (N.D. Fla. May 1, 2015)   Plaintiffs alleged that Maker’s Mark bourbon was falsely advertised as “handmade.” In a pithy opinion, the court found that they couldn’t state a claim … Continue reading →

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NPR on The Slants, with appearance by me

Posted on May 9, 2015 by rtushnet

Link to the show is here. from Blogger http://ift.tt/1H8LSMC

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Answer unclear in Clearly beverage infringement case

Posted on May 8, 2015 by rtushnet

Clearly Food & Beverage Co. v. Top Shelf Beverages, Inc., No. C13–1763, 2015 WL 1926503 (W.D. Wash. Apr. 28, 2015)   Plaintiff Clearly Food owns, by a 2012 assignment from the defunct Clearly Canadian corporation, a registration for Clearly Canadian … Continue reading →

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Transformative work of the day, Star Wars edition (expanded universe)

Posted on May 7, 2015 by rtushnet

Courtesy of The Toast. from Blogger http://ift.tt/1ISWUEZ

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EFF/OTW DMCA reply comments

Posted on May 4, 2015 by rtushnet

Well, that’s an alphabet soup.  Here are our reply comments to the opposition from DVDCSS and the MPAA et al. Notably, while opponents assert that remix videos are infringing, they don’t oppose extension of the existing exemptions. from Blogger http://ift.tt/1ztS7aM

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District court largely upholds mandatory GE disclosures

Posted on May 4, 2015 by rtushnet

Grocery Manufacturers Assoc. v. Sorrell, 2015 WL 1931142, No. 5:14–cv–117 (D. Vt. Apr. 27, 2015)   Relax, we’ll be here for a while.   Vermont passed a law, Act 120, requiring that manufacturers and retailers identify whether raw and processed … Continue reading →

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Eco-friendliness is functional; so is rustic look of burlap

Posted on May 4, 2015 by rtushnet

Farmgirl Flowers, Inc. v. Bloom That, Inc., No. 14-CV-05657, 2015 WL 1939424 (N.D. Cal. Apr. 28, 2015) Farmgirl, a San Francisco-based florist selling locally farmed arrangements, sought a preliminary injunction against competitor Bloom That prohibiting it from using burlap sack … Continue reading →

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DC Comics thinks derivative works are creator-less

Posted on April 29, 2015 by rtushnet

According to this post by a DC Comics artist (who created Felicity Smoak!).  This raises fascinating contract issues, as well as depressingly highlighting artists’ lack of bargaining power. from Blogger http://ift.tt/1zqOnYb

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The dangers of only arguing one half of 43(a)

Posted on April 29, 2015 by rtushnet

Diodato v. Wells Fargo Ins. Servs., USA, Inc., 44 F. Supp. 3d 541 (M.D. Pa. 2014) Darrell Diodato was employed by Wells Fargo Insurance for thirty-six years as an insurance producer, servicing existing insurance business and originating new insurance business. … Continue reading →

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briefly noted: another court rejects proof of purchase requirement for class ascertainability

Posted on April 27, 2015 by rtushnet

Really briefly!  In re Scotts EZ Seed Litig. 304 F.R.D. 397 (S.D.N.Y. 2015).  It would defeat the purpose of class actions.  Also, though, there couldn’t be an injunctive relief class after the challenged statement was removed from packaging. from Blogger … Continue reading →

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